National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 8) Declaration 2020
I, Anne Ruston, Minister for Families and Social Services, make the following Declaration.
Dated 12 June 2020
Anne Ruston
Minister for Families and Social Services
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018 2
1 Name
This instrument is the National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 8) Declaration 2020.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 4 and anything in Schedule 1 not elsewhere covered by this table | The day after this instrument is registered. | |
2. Schedule 1, items 1 and 4 | Immediately after the commencement of the provisions covered by table item 1. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 115(2), section 119 and subsections 127(1), 134(1) and 137(1) of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018
1 Section 11 (at the end of the table)
Add:
55 | The Key Assets the Children’s Services Provider (Australia) Limited institution as at paragraph (n) of Item 211 of the Table in Schedule 1 to this instrument | Key Assets the Children’s Services Provider (Australia) Limited |
56 | All The Legacy Club of Western Australia institutions as at paragraphs (b) to (f) of Item 213 of the Table in Schedule 1 to this instrument | The Legacy Club of Western Australia |
2 Subsection 15(1) (table item 89, column 1)
Omit the words “paragraphs (a) to (h) of”
3 Subsection 15(1) (table item 90, column 1)
Omit the words “paragraphs (a) and (em) of”
4 Subsection 15(1) (at the end of the table)
Add:
91 | All Key Assets the Children’s Services Provider (Australia) Limited institutions as at paragraphs (a) to (m) of Item 211 of the Table in Schedule 1 to this instrument | Key Assets the Children’s Services Provider (Australia) Limited |
92 | All St John Ambulance Australia (NT) Inc. institutions as at paragraphs (a) to (c) of Item 212 of the Table in Schedule 1 to this instrument | St John Ambulance Australia (NT) Inc. |
93 | The Legacy Club of Western Australia institution as at paragraph (a) of Item 213 of the Table in Schedule 1 to this instrument | The Legacy Club of Western Australia |
5 Schedule 1 (table item 7, column 1)
After paragraph (dh), add:
- Anglican Board of Mission – Australia Limited
(dj) Bunbury Diocesan Anglicare Council
(dk) Lindisfarne Anglican School
(dl) Lowther Hall Anglican Grammar School
(dm)Melbourne Girls Grammar – an Anglican School
(dn) Mission To Seafarers (Albany Branch)
(do) Mission To Seafarers
(dp) Pulteney Grammar School Inc
(dq) St Peter’s Woodlands Grammar School Incorporated
(dr) St George’s Community Care Dunsborough
(ds) St Mary’s Community Care Busselton
(dt) St Michael’s Grammar School
(du) St Mark’s College Inc.
- Tintern Grammar
6 Schedule 1 (at the end of the table)
Add:
207 | Scripture Union ACT Limited |
208 | St John Ambulance Australia –Tasmania (Inc) |
209 | Life Without Barriers |
210 | The Legacy Club of Goulburn Incorporated |
211 | Key Assets the Children’s Services Provider (Australia) Limited - Key Assets the Children’s Services Provider (Australia) Limited
- Key Assets the Children’s Services Provider (QLD)
- Key Assets the Children’s Services Provider (VIC)
- Key Assets the Children’s Services Provider (ACT)
- Key Assets the Children’s Services Provider (NT)
- Key Assets the Children’s Services Provider (TAS)
- Key Assets the Children’s Services Provider (WA)
- Key Assets the Children’s Services Provider (SA)
- Key Assets the Children’s Services Provider (NSW)
- Key Assets NSW Limited
- Key Assets Queensland Limited
- Key Assets SA Limited
- Key Assets WA Limited
- Key Assets Services Pty Ltd
|
212 | St John Ambulance Australia (NT) Inc. - St John Ambulance Australia (NT) Inc.
- St John Ambulance N.T. Holdings Pty Limited
- SJA (NT) Endowment Company Pty Ltd As Trustee for the St John Ambulance (NT) Endowment Trust
|
213 | The Legacy Club of Western Australia - The Legacy Club of Western Australia
- The Legacy Fund of Perth Inc.
- Perth Legacy Inc.
- Legacy Fund of Fremantle Inc.
- Fremantle Legacy Club Inc.
- Torchbearers for Legacy in WA Inc.
|
Overview
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 8) Declaration 2020 was enacted to address specific amendments to the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. This legislative instrument was introduced to provide comprehensive redress for victims of institutional child sexual abuse, ensuring that they have access to support and compensation. The enacting body is the Australian Parliament, and the policy objective is to extend the scope of institutions covered under the National Redress Scheme, thereby broadening the support available to victims of institutional child sexual abuse. The declaration ensures that the scheme remains effective and inclusive, covering a wider range of institutions that have been implicated in such abuses.
Scope and Application
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 8) Declaration 2020 applies to the institutions listed within its schedule, providing amendments and additions to the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. This instrument amends the list of institutions covered under the Scheme, expanding the scope to include additional institutions such as Key Assets the Children’s Services Provider (Australia) Limited, The Legacy Club of Western Australia, and various branches and subsidiaries of St John Ambulance Australia. This Act operates nationally, covering all states and territories within Australia, thereby ensuring a consistent approach to the redress scheme across the country. The commencement of the instrument is set to occur on the day after it is registered, with specific provisions starting immediately after the commencement of the main sections, as detailed in the table provided within the instrument. Any exclusions or exemptions from the application of this instrument are not explicitly stated, but are typically detailed within the broader legislative framework of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.
Key Provisions
The National Redress Scheme for Institutional Child Sexual Abuse Amendment (2020 Measures No. 8) Declaration 2020 introduces amendments to the National Redress Scheme for Institutional Child Sexual Abuse Declaration 2018. These amendments primarily involve updating the list of institutions and their key assets, as well as modifying certain subsections to better reflect the current entities involved in the scheme. For instance, Section 11 now includes the Key Assets the Children’s Services Provider (Australia) Limited institution and all The Legacy Club of Western Australia institutions (Schedule 1, items 1 and 5). Additionally, changes have been made to Subsection 15(1) by omitting specific paragraphs and adding new institutions to the table (Schedule 1, items 2, 3, and 4).
This legislation imposes several obligations on the entities involved, including ensuring that they provide accurate and up-to-date information about their institutional arrangements and key assets. The updated list of institutions and their key assets is intended to improve the transparency and effectiveness of the National Redress Scheme, ensuring that all relevant entities are included in the scheme's scope. The entities must also comply with the reporting requirements and cooperate with any investigations or audits conducted by the scheme administrators.
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for breach of this legislation. However, failure to comply with the obligations and requirements of the National Redress Scheme could potentially lead to legal actions or sanctions under other related laws, such as the National Redress Scheme for Institutional Child Sexual Abuse Act 2018. It is important for the entities to adhere to the provisions of this amendment to avoid any potential legal repercussions.